LLW4000 - Civil Procedure - Clark Case Study - Law Assignment Help

Assignment Task

ASSESSMENT 2A: Analysis of a Case Study:
Discuss the preliminary issues for Clark to consider if he wishes to recover his loss from both the vendor of the 1964 Alfa Romeo Giulia Spider Roadster (‘the Spider’) and Aussie Financial and Escrow Services Pty Ltd (‘AFES’).
Further, suppose, for reasons of expediency, convenience and costs, Clark wishes to pursue a claim only against AFES at this time. Discuss, with reasons, the most appropriate avenue or forum for this purpose. The avenue or forum must have the jurisdiction and power to make a decision which is capable of enforcement, whether directly or otherwise.

ASSESSMENT 2B: Draft an originating process with pleading:
Regardless of your answers for Assessment 2A, suppose Clark decides to commence court proceedings against Aussie Financial and Escrow Services Pty Ltd (‘AFES’) only, in the interests of expediency and minimising costs. Having regard to rule 4.01(2) of the Magistrates’ Court General Civil Procedure Rules 2010, and assuming that AFES has not given consent under s.100(1)(c) of the Magistrates’ Court Act 1989, draft an appropriate originating process and pleading for pursuing Clark’s claim against AFES. For purposes of this assessment, the claim is to be based on the common law only excluding fraud or misrepresentation; this means that any possible statutory cause of action under the Australian Consumer Law is also to be excluded.
The “overarching obligations” and “proper basis” certificates are NOT required to be drafted.
-There is no word count for this Part but the rules of pleading must be observed.

This LLW4000 - Law Assignment has been solved by our Law experts at My Uni Paper. Our Assignment Writing Experts are efficient to provide a fresh solution to this question. We are serving more than 10000+ Students in Australia, UK & US by helping them to score HD in their academics. Our Experts are well trained to follow all marking rubrics & referencing style.